Terms of Use

General

This website is owned, operated and maintained by Gourmet Finales Dessert Emporium, hereinafter collectively referred to as "our", "we" and "us" in order to promote our company's line of products and accessories which are marketed under the label of Gourmet Finales as well as to provide informational material to our customers regarding their proper use.

Please review our “Disclaimer”,“Privacy Policy”, “Terms of Use”, “Indemnification”, “Intellectual Property Rights”, “Legal Ownership”, “Legal Jurisdiction” and “Customer Satisfaction Guarantee & Return Policy” statements along with any other pertinent legal information provided herein before accessing or utilizing our website.

You agree to be bound by the following terms and conditions, policies and statements in addition to all applicable law by accessing or utilizing our website as well as any of the information contained therein.

Disclaimer

The Gourmet Finales Dessert Emporium website is provided as a convenience for your personal use, education and entertainment on an “As Is ” basis. Meaning, that we do not guarantee our website's performance or warrant it against errors, omissions or any type of oversight on our part or that our website's or e-mail servers are or will remain virus free. Further, we will not be held liable for the transmission of any form of electronic virus that might be acquired while accessing or utilizing our website, by downloading files or in the course of receiving e-mail from us which may in turn damage any of your computer's firmware, hardware, software, files or any documentation that resides therein as well as any additional type of expense, including attorney's fees & court costs, associated with these type of events. It is your responsibility to insure that you have adequate virus and firewall protection installed on your computer which is up-to-date and running when accessing our website over the internet.

Please Note:  The material presented herein may not be suitable for all age groups, viewers or jurisdictions. Additionally, we will not be responsible for our website's compliance with any of the applicable laws governing foreign countries and localities. Persons accessing our website who are outside of U.S. jurisdiction and in foreign countries are responsible for compliance with the applicable laws and customs governing that country and locality.

Please read and review our “Disclaimer”,“Privacy Policy”, “Terms of Use”, “Indemnification”, “Intellectual Property Rights”, “Legal Ownership”, “Legal Jurisdiction” before accessing our website as you are solely responsible for the compliance with the laws and customs of your country, region and locality by accessing our website and the use thereof.

We do not warrant our products, their merchantability or guarantee performance beyond that stated for their intended use and as provided on our product's labels, recipes and information sheets.

Furthermore, we are not responsible for your adherence to any required personal dietary restrictions or any allergic food reactions whether known or unknown to you. It is your responsibility to review our list of ingredients labels in order to determine and ensure your safe use of our products.  Consult with your physician regarding any uncertainty, medical condition or concerns which you may have regarding the possibility of allergic food reactions, any form of conflict or incompatibility as it relates to your current medical condition or any type of possible reaction due to any medications which you may be taking prior to using or consuming any of our products.

Privacy Policy

OUR "Privacy Policy" has been developed because the security of your personal information is of the utmost importance to us and we take this responsibility very seriously.  All the information that is gathered via our website whether by cookies, e-mail, your direct input to us or by other security techniques or any combination thereof is used to establish your account and to provide verification of your contact information and shipping address. In addition, it also provides for a secure means by which we handle your orders as well as manage the overall security of our website. All information submitted online employs SSL encryption for the highest level of security in order to protect your personal data. Please make sure that your browser's security lock is on and that the lock icon is displayed before submitting any information to us online.

Gourmet Finales transaction frames are fully SSL encrypted and all information is sent securely.

It is always your option as to whether or not you wish to subscribe to our monthly newsletter which is delivered via e-mail.  

You can also request that we correct, delete or update your account's personal information simply by contacting us by phone 1-800-576-4485 during our normal business hours: Mon.- Fri. 9:00 a.m. to 5:00 p.m. or on Saturday from 9:00 a.m. until 12:00 p.m. E.D.T. with holidays being the exception. You can also notify us in writing at the following address:

Attn: Erin King, Customer Service Department
P.O. Box 15024
Fort Wayne, IN 46885

Please be prepared to provide the specifics associated with your account.  i.e. Complete name, address, telephone, e-mail, etc. along with the reason for your request. All requests are subject to verification prior to effecting any change.

Terms of Use

You agree by accessing and utilizing our website that you have read, understood and accept our "Terms of Use", "Privacy Policy" and "Disclaimer" and that accessing and use of our website shall be at your own risk and that Gourmet Finales Dessert Emporium along with its' officers, directors, management, members and employees as well as any of its' affiliates, agents, vendors and suppliers shall not be responsible for and held harmless for any type of claims, liability, loss, damage or expense (including attorney's fees & court costs) that you may incur by accessing or from the use of our website as well as the misuse of any of our products or informational material provided to you.

Your continued further use of our website constitutes your binding consent, understanding and adherence to this agreement.  Any damage, corruption or loss that may occur through the transmission of electronic viruses to your computer's firmware, hardware, software, files or documentation that resides therein from accessing or use of our website or through the downloading of files or from the receipt of e-mail from us that you agree to hold us harmless against any and all claims, liability, losses, costs or expenses (including attorney's fees & court costs) that may be incurred through such an event. You further agree not to alter, change, delete, reverse engineer any of the content that exists on our website in any manner or to try to interfere with or intercept any form of communication, information or data that is submitted to us by our customers or from us to them.

All persons under the age of 18 years old must obtain written permission from their legal guardian and submit this statement to us in writing in order to conduct any form of business transaction. All statements will be subject to verification.

Indemnification

You agree to indemnify, defend and hold harmless Gourmet Finales Dessert Emporium, its' officers, directors, management, members and employees, along with any of its' affiliates, agents, vendors and suppliers from any type of claims, damages, losses or expenses (including any attorney's fees & court costs) due to accessing or use of our website, misuse of our products or the incorrect use of any of the informational services which we have provided.*

Intellectual Property Rights

All copyright, service marks, trademarks, trade names, icons, logos, graphics, designs, as well as all published materials associated with our website and our company are hereinafter collectively referred to as "Our Intellectual Property Content" which is legally protected by both Federal and State law. Unless expressly granted by written permission or license, any commercial use thereof, reproduction or transmission by any electronic means of "Our Intellectual Property Content" as well as the entirety of our website is strictly prohibited. We do grant permission to our individual customers and visitors to print a single copy or to download onto their own computer a copy of our recipes and informational material for their own personal use as a point of reference but not for any type of commercial use, mass reproduction or distribution. All violations will be prosecuted to the fullest extent of the law.

Any comments, suggestions, ideas, notes, drawings, concepts, recipes or other information, whether in print or electronic format that are freely submitted to Gourmet Finales Dessert Emporium through our website, via e-mail, the U.S. Postal Service or by any other means shall become and remain our exclusive property as well as any and all future legal rights thereto without further consideration of compensation, royalty or acknowledgment to the submitting party. Please be advised that Gourmet Finales Dessert Emporium in an on-going effort continually develops new products, ideas and intellectual property content and that any comments, suggestions, ideas, notes, drawing, concepts, recipes or other information may only mirror ideas that already exist or that are currently being developed within our company. You further agree to release all future claims and rights that you are entitled to under the law for anything which you submit to us. All rights reserved.

Legal Ownership

Visitors to our website do not gain any legal right of ownership by accessing or through use of our website or by downloading files or by printing out any content. No reproduction of any kind for commercial use is permitted. All violations will be prosecuted to the fullest extent of the law. All rights reserved.

Presiding Jurisdiction

This agreement and the aforementioned “Disclaimer”,“Privacy Policy”, “Terms of Use”, “Indemnification”, “Intellectual Property Rights”, “Legal Ownership”, “Legal Jurisdiction” and “Customer Satisfaction Guarantee & Return Policy” are subject to U.S. Federal Law and the Laws for the State of Indiana, in the United States of America as presided over by the U.S. Federal Courts and the courts for the State of Indiana as interpreted therein.  All parties irrevocably agree to submit to litigation under the terms of this Agreement under the jurisdiction of the U.S. Federal Courts and the Courts for the State of Indiana in the County of Marion within the State of Indiana, in the United States of America. Your use of this website is your binding consent to this jurisdictional agreement.

Customer Satisfaction Guarantee & Return Policy

We guarantee 100% full customer satisfaction. If you are not completely satisfied with any of our products, please return the unused portion of your product to us prepaid within 14 days from the original date of purchase along with your proof of purchase and a statement regarding the product's lack of performance in order to receive a full refund of the product's original purchase price or a replacement. Please note: We do not refund Handling & Shipping charges. Our Customer Service Department is always happy to assist you in answering any questions you may have regarding the use of any our products and may be reached Mon.- Fri. 9:00 a.m. to 5:00 p.m. and on Saturday from 9:00 a.m. to 12:00 p.m. EDT with the exception of holidays at: 1-800-576-4485.  Or, email us at gourmetfinales@gmail.com.  All returns should be sent to:

Attn: Merchandise Returns
Erin King
P.O. Box 15024
Fort Wayne, IN 46885

Contact Information

All correspondence regarding any of the aforementioned agreements, policies and statements as well as commentary regarding any of our website's intellectual property content should be addressed to:

Attn: Legal Services Dept.
Erin King
P.O. Box 15024
Fort Wayne, IN 46885

If you do not understand or are not in complete agreement with the above statements, policies and disclaimers, do not access or make use of our website or any of the content provided therein.

Please  review all of our “Disclaimer”,“Privacy Policy”, “Terms of Use”, “Indemnification”, “Intellectual Property Rights”, “Legal Ownership”, “Legal Jurisdiction” and “Customer Satisfaction Guarantee & Return Policy” on a regular basis as we reserve the right to change, revise or update any of the terms and conditions as stated herein as well as our website's content and intellectual property without advance notice.

*Note: The use of disclaimers, limited warranty policies, or other types of limiting devices may not be recognized by all states. If any part of these disclaimers, policies, statements or warranties are deemed to be illegal, invalid, or unenforceable all damages shall not exceed a total aggregate limit of $10.00 to Gourmet Finales Dessert Emporium, under the label of Gourmet Finales for our products, its' officers, directors, management, members and employees, along with any of its' affiliates, agents, vendors and suppliers.